BE IT ORDAlNDED BY THE COUNCIL OF THE CITY OF ARNOLD, MISSOURI, AS FOLLOWS;

Section 1. Title.
This Article shall be known as the City of Arnold Smoke-Free Restaurant Act.

Section 2. Legislative findings and intent.
The City Council of Arnold, Missouri does hereby find that:

(a) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer.
(b) The Public Health Service's National Toxicology Program has listed secondhand smoke as a known carcinogen
(c) Second hand smoke is particularly hazardous to elderly people, individuals with
cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
(d) Children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer.
(e) The Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability.
(f) The U.S, Surgeon General has determined that the simple separation of smokers and
nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke
(g) The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke.

Accordingly, the City Council of Arnold, Missouri finds and declares that the purposes of this ordinance are;
(a) To protect the public health and welfare by prohibiting smoking in restaurants; and
(b) To guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.

Section 3. Definitions
The following terms used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Restaurant" means an establishment licensed as a restaurant within the City of Arnold, or an establishment whose primary business activity js the retail sale of prepared food and beverages and has seating for oil-premises consumption of food.

"Smoke" or "smoking" means the lighting of any cigarette, cigar, or pipe or the possession of any lighted cigarette, cigar, or pipe, regardless of its composition.

"Bar" means an establishment licensed as a bar under the liquor laws of the state that draws seventy (70) percent of its total revenue from the sale of liquor.

Section 4. Smoking prohibited within restaurants.
No person shall smoke within any restaurant or restaurant with an attached bar.

Notwithstanding other provisions of this Act to the contrary, any person may smoke in the bar only of a restaurant with an attached bar under the following conditions:
(a) If prior to December 31, 2004 a restaurant currently operating in the City of Arnold makes application with the City for an exception to this provision of this Act.
(b) If after making application for exception to this provision, the bar portion is separated completely from the restaurant portion by a floor to ceiling barrier.
(c) The bar has a heating, ventilation and air-conditioning (HVAC) system separate and distinct from the HV AC system of the restaurant. The HVAC system for the bar shall operate in such a manner as to create a negative pressure environment in the bar.
(d) The restaurant has a heating, ventilation and air-conditioning (HVAC) system separate and distinct from the HVAC system of the bar. The HVAC system for the restaurant shall operate in such a manner as to create a positive pressure environment in the restaurant,
(e) The floor to ceiling barrier between the restaurant and bar shall be allowed to contain a door within the partitioning barrier to allow ingress and egress between the restaurant and bar portions of the facility. The door in the partitioning barrier shall remain closed at all times, except for patron passage between the restaurant and bar portions of the facility-
(f) Public restrooms within the restaurant/bar facility shall be located within the smoke-free portion of the facility.

Should the restaurant/bar use at the address identified in the application referred to section (a) above cease to be used as a restaurant/bar for a period of six (6) months or more, the exception shall expire."

Section 5. Signs required to be posted.
To advise persons of the existence of "No Smoking", no owner, lessee, principal manager, or person in control of an establishment within a building shall fail to post signs at the entry of the establishment displaying the words "No Smoking" or the international no-smoking symbol. Failure to post, such signage will be considered a violation of this ordinance and will be subject to the penalty provisions of section 6(b).

Section 6. Violations and penalties.
The enforcement officer of this ordinance shall be the City Administrator for the City of Arnold and all agents designated by the City Administrator.
(a) A person who smokes in an area where smoking is prohibited by the provision of this Article shall be guilty of an infraction, punishable by a monetary penalty of one hundred dollars ($100) for the first offense and two-hundred fifty dollars ($250) for each subsequent offense.
(b) A person who owns, manages, operates, or otherwise controls a restaurant who fails to comply with the provisions of this article shall be guilty of an infraction, punishable by a monetary penalty not exceeding two-hundred fifty dollars ($250) for each offense.

Section 7. This Ordinance shall be in full force and effect from and after November 1, 2004.